ORD 1989-11TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 89-11
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ESTABLISHING ZONING PURSUANT TO
ORDINANCE NO. 87-23 OF THE TOWN, THE TOWN'S
COMPREHENSIVE ZONING ORDINANCE, ON A CERTAIN
TRACT OF LAND IN TROPHY CLUB, TEXAS, BEING
APPROXIMATELY 3.3 ACRES OF LAND SITUATED IN
THE CHARLES MEDLIN SURVEY, ABSTRACT NO. 823,
DENTON COUNTY, TEXAS, AS MORE FULLY
DESCRIBED IN THE ATTACHED EXHIBIT "A", SAID
ZONING BEING R-12 SINGLE FAMILY DISTRICT AS
AUTHORIZED BY SECTION 12 OF ORDINANCE NO.
87-23 OF THE TOWN, FOR SINGLE FAMILY
DETACHED DWELLINGS AND ACCESSORY BUILDINGS,
STRUCTURES AND USES, AS OUTLINED IN THE SAID
SECTION 12; PROVIDING THAT THE ZONING MAP
SHALL REFLECT R-12 SINGLE FAMILY DISTRICT
FOR THE SUBJECT PROPERTY; PRESERVING ALL
OTHER PARTS OF THE COMPREHENSIVE ZONING
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
DETERMINING THAT THE PUBLIC INTEREST AND
GENERAL WELFARE DEMAND THE ZONING HEREIN
MADE; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS OR CONTINUES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town Council and Planning and Zoning
Commission of the Town of Trophy Club, Texas (the "Town"),
having given public notice and having held a public hearing in
accordance with State law and all other legal requirements,
conditions and prerequisites having been complied with, adopted
the text of the Comprehensive Zoning Ordinance of the Town,
being Town Ordinance No. 87-23; and
WHEREAS, notice of the date, time and place to conduct a
public hearing on the proposed Zoning Map of the Town was given
personally to each owner of real property within the Town by
mailing such information, along with a copy of the proposed
Zoning Map, to the address of each such property owner as shown
on the most recent approved ad valorem tax roll of the Town,
said personal notice being provided in accordance with State
law; and
WHEREAS, notice of the date, time and place of the public
hearing on the Zoning Map was also published in the official
Town newspaper in accordance with State law; and
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WHEREAS, the said notices provided that a public hearing
to consider zoning of all real property within the Town,
exclusive of an area submitted for planned development zoning
owned by Independent American Development (Phase II)
Corporation and containing approximately 991 acres of land (the
"Independent American Planned Development"), was to be held on
Monday, September 21, 1987, beginning at 7:00 o'clock p.m. at
the Municipal Utility District Building, 100 Municipal Drive,
Trophy Club, Texas, and that the said public hearing would be
continued to October 5, 1987, beginning at 7:00 o'clock p.m.,
at the said Municipal Utility District Building to consider the
proposed Independent American Planned Development; and
WHEREAS, on September 21, 1987 and at the time and place
stated in the personal and published notices, the Town Council
and Planning and Zoning Commission opened the public hearing to
consider the Zoning Map and the zoning of all real property
within the Town, exclusive of the Independent American Planned
Development, and continued the said public hearing until a
certain specific date; and
WHEREAS, during the said public hearings concerning the
zoning of all land within the Town and the adoption of the
Zoning Map, certain parcels of land were left unzoned,
including the 3.3 acre tract of land made the subject of this
Ordinance; and
WHEREAS, the Planning and Zoning Commission and Town
Council desire now to complete the zoning on and of the said
3.3 acre tract; and
WHEREAS, in accordance with that desire, the Town issued
notice to interested persons, both personal and by publication
in accordance with law, concerning a public hearing to be held
by the Planning and Zoning Commission and Town Council on
April 20, 1989 regarding the zoning of the said 3.3 acre tract;
and
WHEREAS, after the said public notices were given in
compliance with law and public hearings were conducted, the
Planning and Zoning Commission made a recommendation to the
Town Council concerning the zoning of the 3.3 acre tract, and
the case having come before the Town Council after all legal
notices, requirements, conditions, and prerequisites having
been complied with; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, at a public hearing called by the Town Council did
consider the following factors in making a determination as to
whether the zoning should be granted or denied: safety of the
motoring public and pedestrians; safety from fire hazards and
measures for fire control; protection of property from flood or
water damage; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on
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the character of the Town of Trophy Club; location, lighting
and types of signs and relation of signs to traffic control and
property; street size and adequacy of parking facilities;
location of ingress and egress points for parking and
off-street loading spaces, and protection of public health by
surfacing on all parking areas to control dust; effect on the
promotion of health and the general welfare; effect on light
and air; the effect on the overcrowding of the land; the effect
on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other
facilities; and
WHEREAS, the Town Council further considered among other
things the character of the zoning and its peculiar suitability
for particular uses, with a view to conserve the value of
buildings and encourage the most appropriate use of land
throughout the Town; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, does find that there is a public necessity for the
zoning, that the public demands it, and that the public
interest clearly requires the zoning; and,
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, does find that the zoning lessens the congestion in the
streets, helps secure safety from fire, panic and other
dangers; promotes health and the general welfare; provides
adequate light and air; prevents the overcrowding of land;
avoids undue concentration of population; facilitates the
adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, after due deliberation and consideration of the
information received during the public hearing and the
recommendation of the Planning and Zoning Commission, the Town
Council has concluded that the adoption of this ordinance is in
the best interests of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Section 2. That the allowed use of a tract of land
containing approximately 3.3 acres and located in the Charles
Medlin Survey, Abstract No. 823, Denton County, Texas, and more
particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes, shall be in accordance
and conformity with and be zoned R-12 Single Family District
according to the standards, conditions and regulations set
forth in Section 12 of the Town Comprehensive Zoning Ordinance,
Ordinance No. 87-23, and said tract of land shall be in
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conformity with this ordinance, all other parts of the said
Comprehensive Zoning Ordinance and all applicable ordinances,
rules and regulations of the Town of Trophy Club.
Section 3. The Town Secretary is hereby directed to
mark and indicate on the official Zoning District Map of the
Town of Trophy Club, Texas, to reflect the zoning made herein.
Section 4. That in all other respects the use of the
property hereinabove described shall be subject to all the
applicable regulations contained in the Comprehensive Zoning
Ordinance and all other applicable and pertinent ordinances of
the Town of Trophy Club, Texas.
Section 5. That the zoning regulations and districts
as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health,
safety, morals and the general welfare of the community. They
have been designed, with respect to both present conditions and
the conditions reasonably anticipated to exist in the
foreseeable future, to lessen congestion in the streets; to
secure safety from fire, panic, flood and other dangers; to
provide adequate light and air; to prevent overcrowding of
land; to avoid undue concentration of population; to facilitate
the adequate provisions of transportation, water, sewerage,
drainage and surface water, parks and other commercial needs
and development of the community. They have been made with
consideration of the reasonable suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 6. This Ordinance shall be cumulative of all
other ordinances of the Town of Trophy Club, Texas affecting
zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
Ordinance.
Section 7. That the term and provisions of this
Ordinance shall be deemed to be severable and that if the
validity of the zoning affecting any portion of the tract of
land described herein shall be declared to be invalid, the same
shall not affect the validity of the zoning of the balance of
the tract of land described herein.
Section 6. Any person violating any of the provisions
of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in a sum not to exceed
Two Thousand Dollars ($2,000.00) and a separate offense shall
be deemed committed upon each day during or on which a
violation occurs or continues.
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Section 9. That this Ordinance shall take effect from
and after its date of passage and publication as provided by
law.
PASSED AND APPROVED by the Town 'Council of the Town of
Trophy Club, Texas this the 15th day of June # 1989.
Town of 'Trrphy Club, Texas
A
Tdwn\S�retary, Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney, Town of Trophy Club, Texas
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EXHIBIT "A"
A tract of land containing approximately 3.3 acres and
being located on the northeast corner of the intersection of
State Highway 114 and Trophy Club Drive, and being generally
described as being bounded on the south by State Highway 114,
on the west by Trophy Club Drive, and on the east and north by
a 45.282 acre tract of land zoned PD, Planned Development
District No. 6 on August 8, 1988 by the Town Council of the
Town of Trophy Club. This tract is located more generally to
the west of the Trophy Club swimming pool and tennis court
recreation area and is as shown Tract VI on the map attached
hereto and incorporated herein.
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